1-1     By:  Bivins                                           S.B. No. 1184
 1-2           (In the Senate - Filed March 10, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     March 25, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; March 25, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1184                  By:  Bivins
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the activities permitted under certain liquefied
1-11     petroleum gas licenses.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Sections 113.082 and 113.102, Natural Resources
1-14     Code, are amended to read as follows:
1-15           Sec. 113.082.  CATEGORIES OF LICENSEE; FEES.  A prospective
1-16     licensee in LPG may apply to the LPG division for a license to
1-17     engage in any one or more of the following categories:
1-18                 (A)  container manufacturers/fabricators: the
1-19     manufacture, fabrication, assembly, repair, installation,
1-20     subframing, testing, and sale of LPG containers, including LPG
1-21     motor or mobile fuel containers and systems, and the repair and
1-22     installation of transport and transfer systems; and the category
1-23     "A" application and original license fee is an amount not to exceed
1-24     $1,000 as determined by the commission; the annual renewal license
1-25     fee is an amount not to exceed $600 as determined by the
1-26     commission;
1-27                 (B)  transport outfitters:  the subframing, testing,
1-28     and sale of LPG transport containers, the testing of LPG storage
1-29     containers, the installation, testing, and sale of LPG motor or
1-30     mobile fuel containers and systems, and the installation and repair
1-31     of transport systems, and motor or mobile fuel systems; the
1-32     category "B" application and original license fee is an amount not
1-33     to exceed $400 as determined by the commission; the annual renewal
1-34     license fee is an amount not to exceed $200 as determined by the
1-35     commission;
1-36                 (C)  carriers:  the transportation of LPG by transport,
1-37     including the loading and unloading of LPG, and the installation
1-38     and repair of transport systems; the category "C" application and
1-39     original license fee is an amount not to exceed $1,000 as
1-40     determined by the commission; the annual renewal license fee is an
1-41     amount not to exceed $300 as determined by the commission;
1-42                 (D)  general installers and repairmen: the sale,
1-43     service, and installation of containers, excluding motor fuel
1-44     containers, and the service, installation, and repair of piping,
1-45     certain appliances as defined by rule, excluding recreational
1-46     vehicle appliances and LPG systems, excluding motor fuel and
1-47     recreational vehicle systems; the category "D" application and
1-48     original license fee is an amount not to exceed $100 as determined
1-49     by the commission; the annual renewal license fee is an amount not
1-50     to exceed $70 as determined by the commission;
1-51                 (E)  retail and wholesale dealers:  the storage, sale,
1-52     transportation, and distribution of LPG at retail and wholesale,
1-53     and all other activities included in this section except the
1-54     manufacture, fabrication, assembly, repair, subframing, and testing
1-55     of LPG containers, and except the sale and installation of LPG
1-56     motor or mobile fuel systems that have an engine with a rating of
1-57     more than 25 horsepower; the category "E" application and original
1-58     license fee is an amount not to exceed $750 as determined by the
1-59     commission; the annual renewal license fee is an amount not to
1-60     exceed $300 as determined by the commission;
1-61                 (F)  cylinder filling: the operation of a
1-62     cylinder-filling facility, including cylinder filling, the sale of
1-63     LPG in cylinders, and the replacement of a cylinder valve; the
1-64     category "F" application and original license fee is an amount not
 2-1     to exceed $100 as determined by the commission; the annual renewal
 2-2     license fee is an amount not to exceed $50 as determined by the
 2-3     commission;
 2-4                 (G)  service station:  the operation of an LPG service
 2-5     station filling ASME containers designed for motor and mobile fuel;
 2-6     the category "G" application and original license fee is an amount
 2-7     not to exceed $100 as determined by the commission; the annual
 2-8     renewal license fee is an amount not to exceed $50 as determined by
 2-9     the commission;
2-10                 (H)  cylinder dealers: the transportation and sale of
2-11     LPG in cylinders; the category "H" application and original license
2-12     fee is an amount not to exceed $1,000 as determined by the
2-13     commission; the annual renewal license fee is an amount not to
2-14     exceed $300 as determined by the commission;
2-15                 (I)  service station and cylinder filling:  any service
2-16     station and cylinder activity set out in categories "F" and "G" of
2-17     this section; the category "I" application and original license fee
2-18     is an amount not to exceed $150 as determined by the commission;
2-19     the annual renewal license fee is an amount not to exceed $70 as
2-20     determined by the commission;
2-21                 (J)  service station and cylinder facilities:  the
2-22     operation of a cylinder-filling facility, including cylinder
2-23     filling and the sale, transportation, installation, and connection
2-24     of LPG in cylinders, the replacement of cylinder valves, and the
2-25     operation of an LPG service station as set out in category "G"; the
2-26     category "J" application and original license fee is an amount not
2-27     to exceed $1,000 as determined by the commission; the annual
2-28     renewal license fee is an amount not to exceed $300 as determined
2-29     by the commission;
2-30                 (K)  distribution system:  the sale and distribution of
2-31     LPG through mains or pipes and the installation and repair of LPG
2-32     systems; the category "K" application and original license fee is
2-33     an amount not to exceed $1,000 as determined by the commission; the
2-34     annual renewal license fee is an amount not to exceed $300 as
2-35     determined by the commission;
2-36                 (L)  engine fuel:  the sale and installation of LPG
2-37     motor or mobile fuel containers, and the sale and installation of
2-38     LPG motor or mobile fuel systems; the category "L" application and
2-39     original license fee is an amount not to exceed $100 as determined
2-40     by the commission; the annual renewal license fee is an amount not
2-41     to exceed $50 as determined by the commission;
2-42                 (M)  recreational vehicle installers and repairmen:
2-43     the sale, service, and installation of recreational vehicle
2-44     containers, and the installation, repair, and service of
2-45     recreational vehicle appliances, piping, and LPG systems, including
2-46     recreational vehicle motor or mobile fuel systems and containers;
2-47     the category "M" application and original license fee is an amount
2-48     not to exceed $100 as determined by the commission; the annual
2-49     renewal license fee is an amount not to exceed $70 as determined by
2-50     the commission;
2-51                 (N)  manufactured housing installers and repairmen:
2-52     the service and installation of containers that supply fuel to
2-53     manufactured housing, and the installation, repair, and service of
2-54     appliances and piping systems for manufactured housing; the
2-55     category "N" application and original license fee is an amount not
2-56     to exceed $100 as determined by the commission; the annual renewal
2-57     license fee is an amount not to exceed $70 as determined by the
2-58     commission;
2-59                 (O)  testing laboratory:  the testing of an LP-gas
2-60     container, LP-gas motor fuel systems or mobile fuel systems,
2-61     transfer systems, and transport systems for the purpose of
2-62     determining the safety of the container or systems for LP-gas
2-63     service, including the necessary installation, disconnection,
2-64     reconnecting, testing, and repair of LPG motor fuel systems or
2-65     mobile fuel systems, transfer systems, and transport systems
2-66     involved in the testing of containers; the category "O" application
2-67     and original license fee is an amount not to exceed $400 as
2-68     determined by the commission; the annual renewal license fee is an
2-69     amount not to exceed $100 as determined by the commission; or
 3-1                 (P)  portable cylinder exchange:  the operation of a
 3-2     portable cylinder exchange service, where the sale of LP-gas is
 3-3     within a portable cylinder with an LP-gas capacity not to exceed 21
 3-4     pounds; the portable cylinders are not filled on site, and no other
 3-5     LP-gas activity requiring a license is conducted; the category "P"
 3-6     application and original license fee is an amount not to exceed
 3-7     $100 as determined by the commission; the annual renewal license
 3-8     fee is an amount not to exceed $50 as determined by the commission.
 3-9           Sec. 113.102.  ADDITIONAL ACTIVITIES PERMITTED UNDER CATEGORY
3-10     "E" LICENSES.  The commission by rule may permit a category "E"
3-11     licensee whose license was issued before September 1, 1999, to
3-12     perform for a reasonable period an activity described by category
3-13     "L" of Section 113.082.  This section expires September 1, 2001
3-14     [PRIOR LICENSES.  All prior LP-gas licenses authorizing portable
3-15     cylinder exchange activities shall, on an applicant's compliance
3-16     with the renewal procedure set out in this chapter, be converted to
3-17     a license identified as category "P"].
3-18           SECTION 2.  The change in law made by this Act applies to a
3-19     license issued under Chapter 113, Natural Resources Code, before,
3-20     on, or after the effective date of this Act.
3-21           SECTION 3.  This Act takes effect September 1, 1999.
3-22           SECTION 4.  The importance of this legislation and the
3-23     crowded condition of the calendars in both houses create an
3-24     emergency and an imperative public necessity that the
3-25     constitutional rule requiring bills to be read on three several
3-26     days in each house be suspended, and this rule is hereby suspended.
3-27                                  * * * * *